McKee v. Rowley

Citations

• 103 Kan. 257
• 173 P. 284
• 1918 Kan. LEXIS 238

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Boundaries and Surveys — Lines and Corners — Evidence—Official Survey — Judgment. The main controversy between the parties herein depended upon the location of a monument fixed by the government surveyors and the correctness of lines and corners that had been established, upon which the evidence was conflicting, and it is held that the evidence is sufficient to support the location made by the county surveyor, and to uphold the finding and judgment of the trial court approving a survey.</p> <p>2. Same — Magnetic Variation — Question of Fact. The allowance to be made for magnetic variation is itself a question of fact to be determined from the evidence by the trier of the facts.</p> <p>3. Same — Motion for New Trial — Cumulative Evidence. To afford ground for a new trial the proposed newly discovered evidence must, among other requirements, be other than cumulative, and such as to make it reasonably certain to have compélled a different result if it had been produced at the trial.</p>